Treatment of child suspects in Garda custody

Introduction

For the purpose of criminal law in Ireland a child is anyone under 18 years
of age. As children are deemed vulnerable due to their age and level of
maturity, the law has provided special provisions which protect the personal
rights of child suspects while they are being detained in Garda stations. These
laws place special duties or obligations on the Gardaí in their dealings with
child suspects while in the Garda station. While it is the primary role of the
Gardaí to investigate crime and protect the rights of the public, these
obligations also include the proper treatment of suspects who are detained in
Garda stations, especially child suspects.

In any other situation where a Garda has reasonable grounds for believing
that a child under 12 years of age has committed an offence the Garda is
obliged to bring the child to the child’s parents or guardian.

Rules

Separation of children from adults in Garda stations

When a child is detained in a Garda station it is the duty of the Garda in
charge of the station to ensure that, as far as possible, the child is not
allowed meet with or associate with adult suspects being detained in the
station at the same time. Children are usually not kept in a cell unless there
is no other safe or secure accommodation available.

Notice to be given to a child

When a child suspect is brought to a Garda station, it is the duty of the
Garda in charge to tell the child without delay in a way that the child
understands:

The details of the crime for which he/she is detained

That he/she is entitled to consult a solicitor and

That his/her parents/guardian have or are being notified

If the parents/guardian cannot be contacted, or if they simply refuse to
attend the Garda station, then the child must be informed that he/she can
nominate another adult relative or other adult to be informed. Any such person
(parent, guardian or other nominated person) is obliged to attend the Garda
station without delay.

Notifying the child’s solicitor

When a child who is detained has asked for a solicitor, the Garda in charge
is obliged to notify that solicitor as soon as possible. If the solicitor
cannot be contacted or is unwilling or unable to attend, the child must be
informed and allowed to ask for another solicitor. This solicitor must then be
notified by the Gardaí. If the child requests a solicitor but doesn’t know
one or doesn’t name one specifically then the Garda in charge gives the child
the name of a number of solicitors who are willing to attend the Garda
station.

The request for a solicitor extends to the parents or guardian or other
relative. All of these people are entitled to ask for a solicitor on behalf of
the child.

Interviewing children in Garda stations

Section
61 of the Children Act 2001 provides that a child may not be interviewed
unless in the presence of his/her parent or guardian. In cases, however, where
the Gardaí believe a delay in questioning a child suspect would involve

a risk of death or injury

serious loss of or damage to property

destruction of or interference with evidence or

the escape of accomplices

then the Garda in charge of the station can authorise the questioning of the
child or the taking of a written statement in the absence of a parent or
guardian. This is not a common practice, however, and very serious
circumstances must exist before the Garda in charge would allow it.

The Garda in charge can also remove an adult during the questioning of a
child suspect or during the taking of a written statement where:

The parent or guardian is the victim of, or has been arrested in
connection with, the offence being investigated

The Garda in charge suspects the parent or guardian of being involved in
the offence or

The Garda in charge believes the parent or guardian would be likely to
obstruct the course of justice if they were present during the interview of
the child or during the taking of a written statement from the child.

If the Gardaí propose to question a child in the absence of a parent or
guardian, they must try and arrange for another parent, relative or other
responsible person to be present during the interview.

Notification to parents/ guardian when a child is charged with an
offence

When the Gardaí decide to charge a child with the offence for which the
child is detained he/she is charged on a charge sheet. A charge sheet is a
document which contains particulars of the offence, the name of the Garda who
is prosecuting and the name of the person being charged. Once the child is
charged with the offence, the parents or guardian present is given a copy of
the charge sheet. The Garda in charge of the station also ensures that details
of the time, date and place of the child’s first appearance in court are
given to the parents or guardian as soon as possible. The parents or guardian
must also be informed of their obligation to attend the court.

Where the child’s parents or guardian is not present in the Garda station
when the child is being charged the Garda in charge must ensure that a copy of
the charge sheet and details of the time, date and place of the child’s first
appearance in court are given to the parents or guardian as soon as possible.
They must also be informed of the name of any adult who attended the Garda
station at the request of the child and the name and address of any solicitor
who may have visited the child while in custody in the Garda station.

Summonses

The Gardaí may decide to summons a child to appear in court in respect of
an alleged offence. (This is mostly done in less serious cases involving minor
crimes). In such circumstances, the child’s parents or guardian may be named
on the summons and, if they are named, they are required to attend at the
sitting of the court stated in the summons.

Release on bail by a member of the Garda Siochana

When a decision is made to charge a child with a criminal offence, the Garda
in charge of the station may direct that the child be brought before the next
available sitting of the Children Court. This could
involve the child remaining in the custody of the Gardaí until the following
morning. Alternatively, the Garda in charge may release the child from custody
on bail to appear at a sitting of the Children Court within 30 days. This is
done by requiring the child to enter into a recognisance with or
without sureties to appear in court at a future date. (A recognisance
is a pledge or promise made and signed by the child and/or by the parents or
guardian that the child will appear in court on the date requested).

The recognisance might be made with a surety attached. That is, in addition
to making the promise to appear in court, a sum of money is guaranteed to
ensure that the child does appear in court. If the child fails to appear then
the sum of money is lost and must be paid over to the State. While a surety is
a promise of money, the Garda in charge is also allowed to accept a sum of
money in cash from the parents or guardian to ensure that the child appears in
court. This money is returned when the child’s case is finally dealt with or
the judge decides to reduce or vary the terms of the bail.

Related Documents

Bail and SuretyWhat are the different types of bail, the refusal of bail,
and the consquences of breaching bail?

ArrestsWhat happens if you are arrested in Ireland? Find out more about warrants and the rules governing arrests.

Contact Us

If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.